HomeMy WebLinkAbout1991-08-09 Minutes• 4 V
MINUTES OF A SPECIAL MEETING OF THE BOARD OF DIRECTORS
A special meeting of the Fayetteville City Board of Directors was
held on August 9, 1991, at 1:00 p.m. in Room 326 of City Hall, 113
West Mountain, Fayetteville, Arkansas.
PRESENT: Mayor Fred Vorsanger, Directors Ann Henry, Dan Coody,
Julie Nash, Shell Spivey, and Mike Green; Administrative
Services Director Kevin Crosson,' Public Works Director
Don Munsell,City Attorney Jerry Rose, and Assistant City
Clerk Lois Day.
ABSENT: Director Bob Blackston, City Manager Scott Linebaugh, and
City Clerk Sherry Thomas.
CALL TO ORDER
Mayor Vorsanger called the special meeting to order and stated the
purpose of the meeting was to reconsider the parking design for the
Walton Arts Center that the Board had approved at the August 6,
1991 regular Board meeting.
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PUBLIC WORKS DIRECTOR -PRESENTATION
Don Munsell gave a presentation covering the two possible options
for the parking lot at the corner of West and Dickson Streets. He
outlined the related expenses associated with each of the options,
how many parking spaces would be available with each option, and
the greenspace possibilities. He also addressed the desire of some
citizens to "save the creek" that is on the property. Munsell
stated that the Board had previously+approved Scheme B for this
particular parking lot.
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FINANCIAL CONSIDERATIONS
Kevin Crosson gave a presentation ,regarding the funding
possibilities for the parking plans. He.stated that the alternate
plan for the parking lot was more expensive than Scheme B. He
presented the Board with'a listing of potential funding sources for
the improvements. -
PUBLIC COMMENTS
J. E. Springborn suggested that we worry less about parking spaces
and utilize the trains since there are now passenger cars which can
bring visitors in from all over Northwest Arkansas, Missouri, Fort
Smith, and Van Buren.
Steve Adams, a representative of the Walton Arts Center, was
concerned about the long-term maintenance of the park if it was
decided to be developed. He felt that as long as the park was a
"new commodity," volunteers would be ready to help take care of the
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August 9, 1991
park. However, after the newness wears off, he is fearful that the
Arts Center would be forced to assume the expense of maintaining
the park.
Al Einert, professor of Horticulture at the University of Arkansas,
strongly recommended the alternate plan. He stated he had spent
many hours working on the plan for this parking area that would
allow for the required number of parking spaces and a park area,
and he could not understand why the Board would not choose a plan
of this nature.
Andre' Miller, of the Historical Society, addressed the Board in
favor of the park and saving the creek. She stated she has a
listing of many people who want to volunteer to help maintain the
area.
Katherine Barnhart wanted the Board to realize that everybody wants
to save the creek and the park because it is such a lovely area.
Bill Underwood, representing the Dickson Street Improvement
District, stated that they were concerned about the safety of the
patrons, they want greenspace, and anything else that would make
the Arts Center attractive. Therefore, they feel that Scheme B
that the Board had previously approved is the best plan.
Sharon Stiles, Dickson Street Improvement District, could not
understand how it could be stated that the Dickson Street
Improvement District preferred Plan B when they had not had a
meeting since March.
David Coff, Fayetteville Jaycees, wanted to requested the Board to
stick with Scheme B and to "get on with the Arts Center." Also,
his group, which has 74 members, are now going to support the Board
and attend more City Board meetings.
Jeremy Ferrar asked that the Board reconsider their decision and
save the spring, the park, and the creek.
Bob Reynolds, a property owner on Dickson Street, stated that there
was no creek at all. He stated that it was simply a storm drain.
He suggested that it be filled in with concrete and get on with
Scheme B and the Arts Center.
Jerry Sweetser agreed with Mr. Reynolds on the fact that there is
no creek, rather a storm drain. He stated he personally built the
storm drain quite some time ago. Also, the area floods during hard
rains. During this current period of drought, it 3.s impossible to
imagine the possibility of flooding or of the matter that is
present in the storm drain. He asked that the Board readopt Scheme
B.
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August 9,61991
Wilbur Watson stated that he was a lover of springs and asked that
the spring be kept.
Al Vick stated the trees and greenspace would keep the temperatures
lower on the Dickson Street area.
BOARD ACTION
Director.Green stated he sawnow reason to change from the Board's
original decision of August 6 where they had approved Scheme B.
Mayor Vorsanger asked the Board members if they wanted to make any
motions. No member made a motion.
ADJOURNMENT
The meeting was adjourned at 3:03 p.m.
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MINUTES OF A SPECIAL MEETING OF THE CITY BOARD OF DIRECTORS
A special meeting of the Fayetteville City Board of Directors was held on
Wednesday, August 9, 1989 at 8:30 a.m. in Room 326 of City Hall.
PRESENT: Assistant Mayor Vorsanger, Directors Michael Green, Russ
Kelley, Paul Marinoni and Shell Spivey; City Manager James
Pennington, City Prosecutor Terry Jones and City Clerk Suzanne
McWethy; members of the staff, press and audience
ABSENT: Mayor Martin and Director Ernest Lancaster
In the absence of the Mayor, the meeting was called to order by Assistant Mayor 260
Fred Vorsanger, with five Directors present.
Vorsanger told the Board the only item of business was the issue of certification 260
and psychological testing for Police Officers.
City Manager Pennington told the Board that three to four weeks ago the Arkansas 260
Supreme Court brought into question the number of police officers in the State
of Arkansas who were certified, relative to the way psychological examinations
had been given to them. He said in 1983 a State law was passed which required
a very specific test be given for psychological examinations. He said there was
a test case in court the other day which was handled by City Prosecutor Terry
Jones, in which Jones was successful in proving we had followed the proper
procedure in that case. Pennington said, however, that case can be appealed and,
for that reason, it was his belief, and that of the Police Chief and the City
Prosecutor, that the best safeguard for the City is to have individuals in the
department undergo psychological examinations. He said this particularly applies
to 42 who were hired after the 1983 period. Pennington said the testing would
involve a written test and an oral. interview.
Pennington said this required quick action to find an, organization highly - 260
qualified to do the testing and whose reputation is very reliable and would
satisfy any potential requirements in court, and who at the same time would be
able to do the testing as soon as possible. He said the chief located such a
firm in Fayetteville - the Northwest Arkansas Psychological Clinic. He said Drs.
Richard and Bettye Back would personally administer the .testing and can start
as soon as possible.
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Pennington said the City Prosecutor had drafted an ordinance waiving bidding 26C
requirements. Police Chief Watson said the cost to test 42 officers would be
slightly over $13,000. Watson said if every officer were,tested, 55 officers
would be involved. He said 13 were hired prior to the requirement for physical
examinations.
City Prosecutor Jones said the City would like to foreclose the possibility of 26C
arguments that those 13 were not subject to minimum standards. Jones advised
the testing be done on the whole staff as quickly as possible rather than waiting
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August 9, 1989
until someone renders an adverse decision. Watson said, if all 55 officers
receive psychological testing, the cost would be slightly over $18,000. He said
there would be a little additional cost for physical examinations on the other
11 officers. City Manager Pennington said he thought a figure of $18,000 should
be set on the contract with the Psychological Clinic, stating that the medical
examinations could be handled individually.
Director Kelley asked if a budget adjustment would be required. Pennington said
funds were available in Contract Services to cover the cost. He said an
ordinance was required to waive the bids and authorize the contract.
Director Vorsanger asked who would receive the results of the tests. Watson said
the test results would come back to the Police Department and the Personnel
Office would send a copy to Minimum Standards in Little Rock. Vorsanger asked
what would happen if an officer did not pass the testing. The City Manager said,
in that case, an officer would not be certified. Director Spivey asked if an
officer not certified would be terminated. Pennington responded that, if an
officer did not pass the psychological test, he would seriously question the
officer having arrest authority, and would seriously question why the City would
permit continued employment until there is a retesting or a recommendation from
a psychiatrist.
Pennington said a budget change would be needed from Police Jail Contract Account
to Police Support Services.
Director Green asked if other municipalities would be undergoing retesting.
Jones said 112 State policemen have had to be retested. He said most of the
psychological tests here are done by Ozark Guidance Center, were probably done
by the same people and have the same potential problem. Jones said the City
would require in the contract that the Backs personally do each step of the test.
261.5 Pennington said the quirk of the law is that a psychologist has to administer
the written and oral tests to the individuals. He said the normal function of
any psychological exam is that a clinician administers the written test and the
psychologist reviews the results and proceeds with the interview.
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Jones read the ordinance for the first time. It was moved by Marinoni and
seconded by Kelley to suspend the rules and place the ordinance on its second
reading. Upon roll call, the motion passed, 5-0. The ordinance was read for
the second time. It was moved by Marinoni and seconded by Kelley to further
suspend the rules and place the ordinance on its third and final reading. Upon
roll call, the motion passed, 5-0. The ordinance was read for the third time.
There being no public comment, upon roll call, the ordinance passed, 5-0.
ORDINANCE NO. 3443 APPEARS ON PAGE /A0 OF ORDINANCE AND RESOLUTION BOOK
The meeting adjourned at 8:50 a.m.
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